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John F. Sylvia

  • Jury acquittal for a CEO client charged with criminal tax evasion arising from an options backdating investigation.
  • Represented Vertex Pharmaceuticals, Inc. in a decision crystalizing the standard required to plead scienter in securities fraud cases in the First Circuit.
  • Retained as trial counsel to defend former CFO of a two-and-a-half billion-dollar NYSE-listed company based in China, in a securities class action trial relating to the company's 2011 financial collapse. Secured a favorable trial verdict and resulting settlement that required no monetary payment from the CFO.
  • Represented the Orchid Cellmark board in connection with shareholder derivative litigation alleging breach of fiduciary duty in connection with a merger transaction, defeating plaintiffs’ attempt to enjoin the transaction, resulting in the merger closing on schedule.
  • Represented former officers and directors of The Learning Co. (TLC) in a shareholder class action alleging violation of Section 11 of the '33 Act brought by former shareholders of Broderbund, Inc., a company previously acquired by TLC, securing a dismissal in the trail court and an affirmance in the Ninth Circuit.
  • Defended a public pharmaceutical company and its officers against Section 10(b) and Section 11 claims arising out of a secondary public offering, successfully obtaining a dismissal of all counts.
  • Successfully represented a technology company and the company’s officers and directors against allegations of securities fraud.
  • Favorable post-trial decision in Delaware Court of Chancery for corporate and individual clients charged with breaches of fiduciary duties.
  • Defense jury verdict for corporate officers charged with violation of Section 10(b) in connection with the purchase of convertible-preferred securities.
  • Represented iBasis, Inc. and its officers and directors in a shareholder derivative action alleging breach of fiduciary duty and violations of Section 14(a) of the Securities Exchange Act of 1934, arising out of alleged stock options “backdating” and improper accounting attendant thereto, prevailing on a motion to dismiss.
Case Study
Mintz litigators achieved a complete victory on behalf of our client Keryx Biopharmaceuticals in a putative securities class action case seeking over $100 million in damages.
Case Study
Mintz analyzed PitchBook data to produce an in-depth report on the record rise in special purpose acquisition company (SPAC) fundraising in the US since 2020 and the recent increase in SPAC merger activity. We also explore how SPACs could evolve and litigation challenges to SPAC IPOs and transactions.
Case Study
Mintz’s victory in a trial before the SEC’s Chief Administrative Law Judge cleared a former State Street executive of charges related to the Dodd-Frank Wall Street Reform and Consumer Protection Act. After the SEC overturned the decision, the First Circuit’s reversal of the Commission made new law.
Case Study
Mintz secured two MA federal court wins and one at the First Circuit for Vertex Pharmaceuticals, Inc. and several senior executives in a securities case about clinical trial result disclosures. The decision clarified the First Circuit standard for pleading scienter in securities fraud cases.